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The dizzying array of legal threats to Brazil's former president Jair Bolsonaro

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The dizzying array of legal threats to Brazil's former president Jair Bolsonaro
News

News

The dizzying array of legal threats to Brazil's former president Jair Bolsonaro

2024-07-06 02:47 Last Updated At:02:51

SAO PAULO (AP) — Brazil's former president Jair Bolsonaro has been a target for investigations since his early days in office, and the swarm of cases have multiplied since his failed reelection campaign in 2022.

Authorities have been looking into everything from allegations he conspired to incite an uprising aimed at ousting his successor, to questions about whether the far-right leader, sitting astride a jet-ski, harassed a humpback whale.

Police scrapped their investigation about the marine mammal, but already an electoral court ruled Bolsonaro ineligible for years. Other probes still loom large; there are dozens of them that could produce criminal charges at low-level courts, which would afford him the right to appeal any eventual conviction. And the country's Supreme Court will have the final say regarding more than five in-depth investigations that could land the former president behind bars, under house arrest or cut off from all political activity.

Bolsonaro has denied wrongdoing in all of the cases, and his allies have alleged political persecution, while recognizing the severity of the legal risks on multiple fronts.

Here's a look at the biggest threats and where they stand.

Bolsonaro has been indicted for directing an official to tamper with a public health database to make it appear as though he and his 12-year-old daughter had received the COVID-19 vaccine in order to bypass U.S. entry requirements. During the pandemic, he railed against the vaccine, characterized the choice to receive a shot as a matter of personal freedom and has repeatedly said he never did so.

The Federal Police accused Bolsonaro of criminal association and inserting false data into public records, which carry maximum penalties of 4 and 12 years jailtime, respectively. It was his first indictment since leaving office.

STATUS: Brazil's Supreme Court sent the indictment to the prosecutor-general, who is weighing whether to use it to press charges. Local media reported that he was seeking to consult American authorities about whether Bolsonaro used the forged document to enter the country, and that having done so could result in U.S. legal action.

Federal Police have probed whether Bolsonaro directed officials to smuggle luxury jewelry worth millions into Brazil from Saudi Arabia and Bahrain, then acted to prevent them from being incorporated into the presidential collection and instead retain ownership for himself.

Investigators summoned Bolsonaro for questioning in April and August of 2023. He has returned the jewelry in question.

STATUS: The Federal Police indicted Bolsonaro for money laundering and criminal association, according to a source with knowledge of the accusations. A second source confirmed the indictment, although not for which specific crimes. Both spoke on condition of anonymity because they weren’t authorized to speak publicly.

Federal police are investigating Bolsonaro's role in a conspiracy to keep him in office after losing his reelection bid to Luiz Inácio Lula da Silva, including whether he incited the Jan. 8, 2022 riot that ransacked the Supreme Court and presidential palace in the capital of Brasilia. The Supreme Court on March 18 unsealed testimonies from army and air force commanders who had served under Bolsonaro, and both said he actively participated in the plot.

STATUS: The investigation is ongoing, with several Bolsonaro supporters and allies already convicted and jailed.

Brazil's highest electoral court in June ruled that Bolsonaro used government communication channels in a meeting with diplomats to promote his reelection bid and sow distrust about the vote. The case focused on a meeting the prior year, during which Bolsonaro used government staffers, the state television channel and the presidential palace in Brasilia to tell foreign ambassadors that the country’s electronic voting system was rigged. The ruling rendered him ineligible for office until 2030.

The court also found that Bolsonaro abused his power during Brazil’s Independence Day festivities, a month before the election. The ruling didn’t add years to Bolsonaro’s ineligibility, but made any appeal less likely to succeed. A third case is also pending at the court.

STATUS: Bolsonaro's appeal of the initial ruling was denied.

Brazil’s Federal Police is investigating Bolsonaro for inciting crimes against public health during the COVID-19 pandemic, which include encouraging people not to wear masks and causing alarm about non-existent danger of vaccines accelerating development of AIDS. A Senate inquiry commission also spent months investigating his pandemic-era actions and decisions, and recommended nine criminal charges.

Brazil’s former prosecutor-general Augusto Aras, widely seen as a Bolsonaro ally, decided not to file any charges based on the lawmakers' findings. They have urged his Aras' successor to reopen the case.

STATUS: The investigation is ongoing.

Brazil's Supreme Court in 2020 ordered an investigation into a network allegedly spreading defamatory fake news and threats against Supreme Court justices. The probe has yielded the imprisonment of lawmakers from the former president's circle and raids of his supporters' homes. In 2021, Bolsonaro was included as a target.

As an offshoot of that probe, the Federal Police is also investigating whether a group operating inside Bolsonaro’s presidential palace produced social media content aimed at undermining the rule of law. The group, allegedly comprised of aides and Bolsonaro’s politician son, has been widely referred to as a digital militia and “the hate cabinet.”

STATUS: Both investigations are ongoing.

Biller reported from Rio de Janeiro

FILE - This photo provided by Brazil's Federal Revenue Department shows jewelry, part of an investigation into gifts received by ex-President Jair Bolsonaro during his term, seized by customs authorities at Guarulhos International Airport in Sao Paulo, Brazil, the week of March 24, 2023. Brazilian police indicted Bolsonaro on Thursday, July 4, 2024, for money laundering and criminal association, sources say. (Brazil's Federal Revenue Department via AP, File)

FILE - This photo provided by Brazil's Federal Revenue Department shows jewelry, part of an investigation into gifts received by ex-President Jair Bolsonaro during his term, seized by customs authorities at Guarulhos International Airport in Sao Paulo, Brazil, the week of March 24, 2023. Brazilian police indicted Bolsonaro on Thursday, July 4, 2024, for money laundering and criminal association, sources say. (Brazil's Federal Revenue Department via AP, File)

The dizzying array of legal threats to Brazil's former president Jair Bolsonaro

The dizzying array of legal threats to Brazil's former president Jair Bolsonaro

FILE - Former President Jair Bolsonaro addresses supporters during a rally in Sao Paulo, Brazil, Feb. 25, 2024. Brazilian police indicted Bolsonaro on Thursday, July 4, 2024, for money laundering and criminal association, sources say. (AP Photo/Andre Penner, File)

FILE - Former President Jair Bolsonaro addresses supporters during a rally in Sao Paulo, Brazil, Feb. 25, 2024. Brazilian police indicted Bolsonaro on Thursday, July 4, 2024, for money laundering and criminal association, sources say. (AP Photo/Andre Penner, File)

The dizzying array of legal threats to Brazil's former president Jair Bolsonaro

The dizzying array of legal threats to Brazil's former president Jair Bolsonaro

WASHINGTON (AP) — President Joe Biden, in a letter to congressional Democrats, stood firm against calls for him to drop his candidacy and called for an end to the intraparty drama that has torn apart Democrats since his dismal public debate performance.

Biden's efforts to shore up a deeply anxious Democratic Party came Monday as lawmakers returned to Washington confronting a choice: Decide whether to work to revive his campaign or try to edge out the party leader, a make-or-break time for his reelection and their own political futures.

Biden wrote in the two-page letter that “the question of how to move forward has been well-aired for over a week now. And it’s time for it to end.” He stressed that the party has “one job,” which is to defeat presumptive Republican presidential nominee Donald Trump in November.

“We have 42 days to the Democratic Convention and 119 days to the general election,” Biden said in the letter, distributed by his reelection campaign. “Any weakening of resolve or lack of clarity about the task ahead only helps Trump and hurts us. It’s time to come together, move forward as a unified party, and defeat Donald Trump.”

Anxiety is running high as top-ranking Democratic lawmakers are joining calls for Biden to step aside despite his defiance. At the same time, some of the president’s most staunch supporters are redoubling the fight for Biden’s presidency, insisting there’s no one better to beat Trump in what many see as among the most important elections of a lifetime.

Biden followed up the letter with a phone interview with MSNBC’s “Morning Joe” show, on which he insisted that “average Democrats” want him to stay in the race and said he was “frustrated” by the calls from party officials for him to step aside.

“They’re big names, but I don’t care what those big names think,” Biden said.

He threw the gauntlet at his critics, saying if they’re serious they ought to “announce for president, challenge me at the convention” or rally behind him against Trump.

Democratic voters are split on whether Biden should remain the Democratic Party’s nominee for president, or whether there should be a different Democratic nominee, according to a New York Times/Siena College poll.

As lawmakers weigh whether Biden should stay or go, there appear to be no easy answers.

It’s a tenuous and highly volatile juncture for the president’s party. Democrats who have worked alongside Biden for years — if not decades — and cherished his life's work on policy priorities are now entertaining uncomfortable questions about his political future. And it's unfolding as Biden hosts world leaders for the NATO summit this week in Washington.

Time is not on their side, almost a month from the Democratic National Convention and just a week before Republicans gather in Milwaukee to renominate Trump as their presidential pick. Many Democrats are arguing the attention needs to be focused not on Biden but on the former president's felony conviction in the hush money case and pending federal charges in his effort to overturn the 2020 election.

It's what Biden himself might call an inflection point. As he defiantly says he will only step aside if the Lord almighty comes and tells him to, Democrats in the House and Senate are deciding how hard they want to fight the president to change his course, or if they want to change course at all.

In an effort to “get on the same page,” House Democratic leader Hakeem Jeffries is convening lawmakers for private meetings before he shows his own preference, according to a person familiar with the situation and granted anonymity to discuss it. He planned to gather Democrats on Monday whose bids for reelection are most vulnerable.

A private call Sunday including some 15 top House committee members exposed the deepening divide as at least four more Democrats — Rep. Jerrold Nadler of New York, Rep. Jim Himes of Connecticut, Rep. Adam Smith of Washington state and Rep. Mark Takano of California — privately said Biden should step aside.

Nadler, as the most senior ranking member on the call, was the first person to speak up and say that Biden should step aside, according to a person familiar with the call who was granted anonymity to discuss it. He did so aware of his seniority and that it would allow others to join him.

Many others on the call raised concerns about Biden’s capability and chance of winning reelection, even if they stopped short of saying Biden should step out of the race.

Still other members, including Rep. Maxine Waters of California and Rep. Bobby Scott of Virginia, both leaders in the Congressional Black Caucus, spoke forcefully in support of Biden, as did Rep. Richard Neal of Massachusetts, the top Democrat on the powerful Ways and Means Committee.

And several lawmakers appeared frustrated that leadership was not providing direction or a path forward, according to people familiar with the call. One Democratic lawmaker said regardless of the decision, the situation has to “end now,” one of the people said.

Neal said afterward that the bottom line is Biden beat Trump in 2020 and “he’ll do it again in November.”

The upheaval also is testing a new generation of leaders, headed by Jeffries and Senate Majority Leader Chuck Schumer. Both New Yorkers have refrained from publicly directing lawmakers on a path forward as they balance diverse opinions in their ranks.

Behind the scenes is Speaker Emerita Nancy Pelosi, who continues to field calls from lawmakers seeking advice about the situation, and is widely viewed as the one to watch for any ultimate decision on Biden's future because of her proximity to the president and vote-counting skills in party politics.

Pelosi spoke up last week, saying Biden's debate performance raised “legitimate” questions he needed to answer, but she has remained supportive of the president. And Biden called her last week when he reached out to other party leaders.

When Biden's prime-time ABC interview on Friday appeared to do little to calm worried Democrats, and some said made the situation worse, Pelosi stepped forward to publicly praise Biden on social media as a “great President who continues to deliver for America’s kitchen table.” She added, "and we're not done yet!”

Schumer has kept a lower profile throughout the ordeal but will convene Democratic senators Tuesday for their weekly lunch when senators are certain to air many views.

One Democrat, Sen. Mark Warner of Virginia, had intended to gather senators Monday to discuss Biden privately, but a person familiar with his thinking said those conversations will take place in Tuesday’s regular caucus luncheon with all Democratic senators.

Another Democrat, Sen. Alex Padilla of California, said it was “time to quit the hand-wringing and get back to door knocking.”

Padilla spoke with Biden over the weekend, and urged his campaign to “let Joe be Joe.”

“Given the debate, I think the campaign has no choice,” Padilla said Sunday, explaining that Biden needs to hold town halls and unscripted events to show voters “the Joe Biden I know, and that most people in American have come to grow and love.”

While some deep-pocketed donors may be showing discomfort, strategists working on House and Senate races said they posted record fundraising as donors view congressional Democrats as a “firewall” and last line of defense against Trump.

House Democrats have had some of their better fundraising days yet, including a $3 million haul last Friday night after the debate at an event with former President Barack Obama and Jeffries in New York City. That’s on top of $1.3 million that rolled into the Democratic Congressional Campaign Committee during the debate and its immediate aftermath.

Senate Democrats are also seeing a “surge” of support, according to a national Democrat with knowledge of Senate races.

As Democratic candidates campaign alongside Biden, the advice has been to focus on building their own brands and amplifying the way the work that’s done in Congress affects their local districts.

__

Associated Press writers Farnoush Amiri, Kevin Freking, Seung Min Kim and Mary Clare Jalonick contributed to this report.

President Joe Biden smiles as he is asked questions by members of the media as he and first lady Jill Biden return on Marine One on the South Lawn of the White House in Washington on Sunday, July 7, 2024, after attending events in Pennsylvania. (AP Photo/Susan Walsh)

President Joe Biden smiles as he is asked questions by members of the media as he and first lady Jill Biden return on Marine One on the South Lawn of the White House in Washington on Sunday, July 7, 2024, after attending events in Pennsylvania. (AP Photo/Susan Walsh)

President Joe Biden attends a church service at Mt. Airy Church of God in Christ, Sunday, July 7, 2024, in Philadelphia (AP Photo/Manuel Balce Ceneta)

President Joe Biden attends a church service at Mt. Airy Church of God in Christ, Sunday, July 7, 2024, in Philadelphia (AP Photo/Manuel Balce Ceneta)

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